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2025 DAILYLAW 52565 (AP)

Aitha Radhika v. The State of Andhra Pradesh

WP/39896/2017 · 2025-10-14

Harinath N

body2025

Judgment text

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APHC010938832017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 39896/2017 Between: 1. AITHA RADHIKA, W/O NAGENDRA, AGED ABOUT 40 YEARS, R/O 4/777, OSMANSAHEBPET, NELLORE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. NELLORE MUNICIPAL CORPORATION, NELLORE. REPRESENTED BY ITS COMMISSIONER. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent herein directing for demolition of the basement constructed by the petitioner in Door No. 640 and 674 in Ward No. 16-1, Opp: YMCA Ground, Jawaharlal Road, Nellore without notice, which was constructed in accordance with sanctioned plan is illegal, and void IA NO: 1 OF 2017(WPMP 49462 OF 2017 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the demolition of the basement constructed by the petitioner in accordance with the sanctioned plan in Door No. 640 and 674 in Ward 2 HN, J W.P.No.39896 of 2017 No. 16-1, Opp: YMCA Ground" Jawaharlal Road, Nellore, pending disposal of the above writ petition Counsel for the Petitioner: 1. P DHARMESH Counsel for the Respondent(S): 1. ANCHA PANDURANGA RAO 2. GP-MUNCIPAL ADMN AND URBAN DEV(AP) The Court made the following: 3 HN, J W.P.No.39896 of 2017 ORDER: The writ petition was filed aggrieved by the interference of the respondent municipality in the petitioner’s construction activity and the direction for demolition of the basement constructed by the petitioner. 2. This Court, by order dated 24.11.2017, granted an interim direction restraining the respondent municipality from interfering with the construction, subject to the petitioner undertaking construction strictly in accordance with the building norms and the sanctioned building permission. Further, this Court directed the petitioner to submit an undertaking to the respondent municipality that she shall not deviate from the approved building plan. 3. Learned standing counsel appearing for respondent No.2, on the basis of oral instructions, submits that the petitioner has completed the subject construction, and that any further action by the respondent municipality will be in accordance with law. 4. Recording the said submissions, the Writ Petition is closed. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 15th October, 2025 cbn 4 HN, J W.P.No.39896 of 2017 137 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.39896 of 2017 15th October, 2025 cbn